The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-04-05
SUPREME COURT.
April Term.

Inc April term of the Supreme
Court opened yesterday morning,
Judge McCully presiding and a large
representation Of the bar being present
a summary of the days business APP
pears below
The King VS.. Piipiilani, selling
liquor. Stricken from calendar for
non-perfectiOn of appeal.
Two cases of ejectment, Kimo VS..
kailianu and Kanaloa VS.. Quinn, we're
laid over for the term.
A jury trial was waived in the case
of Parke VS.. Robinson, trover.
Waahia VS.. Enos, assumpsit was
put over for the term.
a jury was waived in the case of
Lonowahine VS.. Campbell, eiectment.
A demurrer was entered in Kahoo.
hull VS.. Hamauku, ejectment.
Spreckels VS.. Macfarlane, assumpsit,
was put over for the term.
Rice VS.. Cornwell, assumpsit, was
set for trial before a foreign Jury on
Monday the nth.
HyThan VS.. Sanford, assumpsit for
elgn jury; also Parke VS.. See Hop Co,
assumpsit, were set for Monday the
18th.
The probate appeal in the estate OF
inca was withdrawn.
A Hawaiian jury was empanelIed in
the case Of the King VS.. Kaulana Hale,
adultery. This trial proceeded, occu-
pylng the rest Of the day. Attorney
General for the Crown; w. A. Kinney
for defendant.
AT CHAMBERS.
Before Chief Justice Judd. The
petition of Kahuhu Baker, of Lahaina,
Maui, wife Of John Baker, sets forth
that her husband is of the age of 10
years, is Of unsound mind and asks the
appointment Of guardian. The Court,
after hearing, decides FROM the evi
dence and from the examination OF
John Baker himself that he is incapa.
bic Of attending to his own matters OF
business, and appoints w. .. Smith to
act as his guardian under bond of
$500.
In the matter of the estate of Ke.
aloha a., deceased. The application
Of Miriama, Administrative, for decree
Of the Court to sell certain lands for
the payment Of debts against the estate
was heard on the 10th Of March and
all interested notified to appear on the
4th of April and show cause, If any,
why such decree should not be issued
Publication Of notice was proved in
The usual form. The hearing was post
poned one week owing to the absence
Of Mr.. Kinney at the opening Of the
Supreme Court term.
Before Judge Preston. Habeas
corpus. A petition had been filed on
Saturday by Mr. A. c. Smith on behalf
Of Manuel de Souza, a prisoner, for a
writ of habeas corpus, which was issued
md made returnable at 10 o'clock,
when the prisoner was brought into
Court in charge Of Captain Trip,
Iailer. Messrs. s. b. Dole and A. c.
Smith appeared for the prisoner, and
Mr. A, Peterson, Deputy Attorney
General, for the Marshal The prisoner
vas convicted in the District Court Of
East Kau, Hawaii, on the goth January
asst of the ofense of "hoeha me ka
nea make" before George Timoteo,
District Justice, and sentenced to a
inc of $3.50, costs $4.65, and hard
abor for six months.
1t was alleged on behalf of the pc
itioner that (I) the District Court Of
Kau had no jurisdiction to try the
'fense specified (a), it nowhere APP
pears in the mittimus that the onense
charged was committed within the dis
riot of Kau 4; (3), 1t is nowhere stated
n said mittimus that the assault and
battery charged was committed on any
particular person, or upon any person
1t all (4), therQ is no such ofense
known to the statute as that named in
said mittimus.
The answer on behalf of the Marshal
sets forth the grounds Of the prisoners
detention as stated in the mittimus.
The prisoners counsel put in a
lenial TO the answer of the Marshal, to
'how that the judgment under which
he mittimus was issued was illegal.
The Court orders that time be al
owed until the 10th instant to produce
he record of the lower Court, and that
petitioner be admitted to bail with one
surety for $500, or two sureties for
BI5o each.